PESHAWAR, Feb 15: The Peshawar High Court on Tuesday restrained Swabi police from harassing and arresting a couple who got married without the consent of the family of the woman. A two-member bench comprising Justice Dost Mohammad Khan and Justice Yahya Afridi disposed of a writ petition filed by the woman, Saiqa, and her husband, Afzal Hamid, stating that the case of kidnapping registered by the family of Saiqa with Swabi police, some 18 months after they got married, was false.

The bench observed that the Federal Shariat Court had ruled in several cases that criminal proceedings and prosecution should not be conducted unless suit for jactitation of marriage was decided by competent court or family court.

The court directed Swabi police to investigate the case on the same lines.

Advocate Fazal Ilahi Khan appeared for the petitioners and contended that the woman had left her residence on May 22, 2009, at her free will and had contracted marriage with Hamid on May 25, 2009, in Peshawar. He argued that the said marriage was also registered.

Mr Ilahi contended that out of the wedlock the petitioners were also having a male baby. He pointed out that after more than one-and-a-half year of their marriage, the family members of the woman had lodged an FIR at Swabi police station on Dec 9, 2010, under section 365-B of the Pakistan Penal Code.

On the directives of the court, the woman also appeared along with her child. She said that her son would turn one on March 3. She added that she was never kidnapped by anyone. The woman, clad in a burqa, stated that it was a marriage of her free choice and nobody had pressurised her.

Meanwhile, in another case of alleged kidnapping of a girl, the bench directed the district police officer of Karak to ensure appearance of some police officials along with the relevant record on next date.

Peshawar High Court Chief Justice Ejaz Afzal Khan had taken suo motu notice of the issue after receiving an application from a woman, Bilqees, who alleged that her daughter was kidnapped by some influential persons in her area.

The chief justice had fixed the case before the bench comprising Justice Dost Mohammad Khan and Justice Yahya Afridi.